The bill HB 1622-FN introduces changes to the administrative rulemaking process and license renewal procedures under the Office of Professional Licensure and Certification (OPLC). It sets a two-year validity period for licenses issued by the office, except for apprentices who are licensed for one year, and this period takes precedence over any conflicting terms in other statutes. The bill also streamlines the process for publishing rules by the Director of Legislative Services, requiring online publication and a reduced timeframe for agencies to certify edited rules. It includes provisions for the adoption of interim rules, online availability of public comments, creation of a report on received comments, and the final adoption of rules. Additionally, it allows for the validity or applicability of a rule to be determined through declaratory judgment in the Merrimack county superior court.

Furthermore, the bill protects individuals from the enforcement of expired agency rules by allowing them to seek a declaratory judgment if their rights are infringed upon by such enforcement. It empowers the court to impose penalties on the agency, cover the plaintiff's attorney's fees, and mandate the reimbursement of fines or fees collected under the expired rule. The bill amends RSA 541-A:22, I to clarify that no agency rule is valid or enforceable until properly filed and not expired, and requires agencies to refund fines or fees collected based on expired rules. It also adds a requirement for a report on agency actions taken without necessary administrative rules. The act will take effect 60 days after its passage, with a specified effective date of December 9, 2024, following a veto and subsequent veto override.

Statutes affected:
Introduced: 310:8, 541-A:15, 541-A:19, 541-A:14, 541-A:24, 541-A:22, 541-A:12
As Amended by the House: 310:8, 541-A:15, 541-A:19, 541-A:12, 541-A:14, 541-A:24, 541-A:22
As Amended by the Senate: 541-A:15, 541-A:19, 541-A:12, 541-A:14, 541-A:24, 541-A:22
Version adopted by both bodies: 541-A:15, 541-A:19, 541-A:12, 541-A:14, 541-A:24, 541-A:22
HB1622 text: 310:4, 310:8, 541-A:15, 541-A:19, 541-A:14, 541-A:24, 541-A:22, 541-A:12